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721.1
<br />Wed esda NOVember 2nd. , 1921. CONtinded.
<br />THe following certified copy of COurt Order regeived d_placed
<br />on file and CLErk instructed to rettrn,bidding checks to contractors on MAin STreet.
<br />State of Indiana
<br />St. J'OSEph COUNty, ° 'IN;the ST. JOSEph CIRcuitCOUrt
<br />September term, 1921.
<br />IN THE MATTER Of THE REMONSTRANCE �
<br />AND OBJECTION Of PROPERTY`OWNERS )
<br />TO PAVEMENT Of MAIN STREET fROM )
<br />INDIANA AVENUE 0 EWING AVENUE IN ) `
<br />THE CITY Of SOUTH BEND, INDIANA, ) ORDER:
<br />COmer, now RUth MUDgeo and others, who have heretofore filed their.
<br />objections and remonstranoo against the taking of any further action by the COMM n
<br />COUNcil of the City of SOUth Bend; INDiana, or the BOArd of PUBLic WORKS of said CITY
<br />of-SOUth BEND, INDiana, :in the ;matter of improvement RESOLution NO..674, or in
<br />the matter of the improvement of b6AIN STreet by pavement, between INDiana ?Venue and
<br />Ewing AVenue, as provided -for -by an Ordinance passed°by the Cmmmon COuncil of the CIty
<br />of .South Bepd, INDiana, -on the 26th. day, of September 1921, entitled " AN ArDinance ,ordr
<br />ordring the improvement of MAin STreet from IrvDiana AL'ENue to Ealing AVENue by pavement.,
<br />accompanied;by a bond satisfactory to the,COUrt.
<br />AND the COU _t having fixed the lst. day of NOVEMber 1921 as the
<br />date on which a hearing and trial of said objections and remonstrance should be had,
<br />and the COMMOn COUNcil of the CIty of SCUTH BEND, by the CITY CL k and the members
<br />of the BOArd of PUBLie WORks of the CIty f SOUth BFND, INDiana, having been Informed
<br />and notified of the date of said hearing and trial, and appearing in COURT by THOMAS
<br />W. SLIck, CIty Attorney of SOUth BEND INDiana, said objections and remonstrance are
<br />submitted to hearing and trial before the COUrt without the intervention of a'JURy
<br />s AND the COUrt having heard the evidence and being duly advised
<br />in thePremises , finds in favor of the objectors.
<br />IT is therefore considered, ordered and.adjudged by the COURt that th
<br />said BOARD of PUBLIC .WORKS of the CIty Of SOUTH BEND, or said COMMON COUNcil of the
<br />CITY of SOUTH BEND., INDIA a, has no legal authority to order said improvement, and
<br />that any and all action ofi sibps taken by said BOArd of PUBLic WORKS of the CIty of
<br />South Bend., and the CMMOn.COUNcil of the CIty of SOUth BEND, INDiana, in reference to
<br />the adoption and passage of an bRDINAnce entitled " AN OP.DINANce ordering the improvement
<br />of. MAIN STreet from INDIANa AVENUe to EWING AVENUe by pavement", was"illegal, bot.authori`
<br />authorized �by law, and all such proceedings are,null, void, and without effect to bind
<br />the pvvners zof..-rea1 estate abutting on said MAIN STREEt, and liable to assessment for
<br />the cost f such.improvement, and that said COMMON COUKeil of the CITY of SOUTH REND,
<br />and said BOARD of PUBLic WORKS of said CITY had no jurisdiction to order said improvement`
<br />or to pass and adopted an ordinance ordering laic imprvement at this time said action;
<br />was taken, and that the costs of this proceedings should.be taxed against the CITY of
<br />SOUTH BEND, IN1� ana. THE sureties on the bond heretofore tendered and accepted by -this
<br />COU t conditioned upon the payment _of costs.by said objectors and said',remonstrators
<br />in the event that said costs should be taxed agItnst them are now hereby released and
<br />fully discharged from any further liability on account of the execution of said bond.
<br />DATED this 1st, day of NOVEMBEr 1921
<br />LENN J. OARE
<br />JUDGE, pro tem ST. JOSEPH
<br />CIRCUIt COURT
<br />STAte of INDIANA
<br />ST. JOSeph COUNty?? SS
<br />I , WILBUr M . WARN Er , CLERK of the C IRCUIt COURT within and for
<br />said COUNTY and STATE do hereby certify that the wthin is a full, true, emplete
<br />and coerect copy of the original order of the said COURT in the said cause as the same
<br />was entered on thelstrI.,deyvroffNOV, 1921 and as the same appears of record and on file
<br />in my office.
<br />IN TEStimony, WHEREOF, I have hereunto set my.hand and affixed
<br />the seal of the said COURT at SOUTH BEND,-INDIANA this 3rd. day of NOVEM'Ber 1921
<br />WILBUR M . WARNER
<br />,� CLE ° s . - fib, EFi� C-Rcuit
<br />NOTE: THIS copy of. COUR j,'shOu d be in COTTP.T
<br />minutes of 6th. NOV,'1921 put in '
<br />} BY MARgaret LUNG, DEPUty.
<br />throughskerlcal terror)
<br />
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